Sanjay @ Sanju @ Gohli v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2270-2021 Decided on : 22.01.2021 Sanjay @ Sanju @ Gohli . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Piyush Sharma, Advocate for the petitioner(s).

Mr. Hittan Nehra, Addl. AG, Punjab assisted by ASI Gurmeet Singh.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 143, dated 28.07.2020, under Sections 341, 323, 324, 34 IPC (section 326 IPC added later on), registered at Police Station Sadar Ferozepur,District Ferozepur. Learned counsel for the petitioner contends that the petitioner was nominated as an accused in the case in hand on the basis of an alleged disclosure statement made by the co-accused Bhopi @ Harmesh, who has since been extended the concession of regular bail by this Court vide order dated 10.12.2020 (Annexure P-1). It is further submitted by learned counsel that even as per the alleged disclosure statement suffered by the co-accused, the petitioner was accompanying him at the time of the alleged occurrence and the injury attributed to the petitioner is on the left shoulder of the complainant, which injury was opined to be simple in nature.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI JAWALA RAM 2021.01.22 15:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-2270-2021 - 2 - Gurmeet Singh, has not been able to controvert the factual aspect and the submissions made by learned counsel for the petitioner qua his role in the occurrence in question. He has further submitted that the recovery of motorcycle on which the accused were travelling at the time of occurrence in question has been effected from him. Learned State counsel has further submitted that the charges are likely to be framed in the near future. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been in custody since 22th October, 2020, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE January 22, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.22 15:39 I attest to the accuracy and authenticity of this document Chandigarh